Compensatory Damages

Whoever demands the annulment of a decision may claim compensatory damages for the harm he suffered by reason of the illegality. Damages can be claimed in the application for annulment in the course of the procedure or no later than sixty days after the notification of the judgment in which the illegality is declared. The procedural rules differ slightly depending on the time at which the claim is submitted (see in this respect articles 25/1, 25/2 and 25/3 of the general regulation with regard to the procedure). The claim for damages must set out, among other things, the harm in compensation of which damages are claimed.

If possible, the Council of State decides on the damages in the judgment that declares the illegality. If this is not yet possible, the Council decides within twelve months after the notification of that judgment. In doing so the Council takes into account all the circumstances of public and private interest.

After making a claim for damages on the Council of State, one can no longer submit to the ordinary court a civil liability claim with regard to the same harm. Whoever already submitted a civil liability claim to the ordinary court can no longer claim damages from the Council of State.